Loading...
Res P-02-19 RESOLUTION NO. P-02-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MODIFICATION OF CONDITIONAL USE PERMIT 85-03M(4) AND MINOR DEVELOPMENT REVIEW APPLICATION 02-06 FOR AN AUTO DEALERSHIP WITH RELATED AUTO REPAIR FACILITIES AND RESCINDING RESOLUTION NOS. P-85-35, P-89-24, P-92-37, and P-94-37 ASSESSOR'S PARCEL NUMBERS 323-190-58, 64, 68 and 69 WHEREAS, on June 25, 1985, the City of Poway City Council approved Conditional Use Permit 85-03 and Development Review 85-03 to construct a 6,064-square-foot detached addition I ;7 auto dealership at 14100 and 14110 Poway Road within the Manufacturing Services (MS) zone, pursuant to Resolution No. P-85-35; and WHEREAS, on March 7, 1989, the City of Poway City Council approved a Modification to Conditional Use Permit 85-03M to expand the existing auto display area of the existing facility at 14100 and 14110 Poway Road to the northeast comer of Poway Road and Olive Tree Lane in the MS zone, pursuant to Resolution No. P-89-24; and WHEREAS, on August 4, 1992, the City of Poway City Council approved a second Modification to Conditional Use Permit 85-03M(2) and Development Review 92-07 to construct a 5,150-square-foot detached addition to the existing facility at 14100 and 14110 Poway Road within the MS zone, pursuant to Resolution No. P-92-37 in lieu of the addition approved by City Council Resolution No. P-85-35 but :ructed; and WHEREAS, on July 19, 1994, the City of Poway City Council approved Conditional Use Permit 94-08, Minor Development Review Application 94-25, and Temporary Use Permit 94-45 to establish an auto dealership at 14132 Poway Road within the MS zone, pursuant to Resolution No. P-94-37; and WHEREAS, on April 18, 1995, the City of Poway City Council approved a third Modification to Conditional Use Permit 85-03M(3), Variance 95-02, and Development Review 95-06 to add a 5,473-square-foot service and auto parts building to the existing auto sales facility at 14100 and 14110 Poway Road within the MS zone, pursuant to Resolution No. P-95-20; and WHEREAS, on February 1,2000, the City of Poway City Council directed City staff to continue t the progress made by Poway Honda, the then-occupant of 14100 and 14110 Poway Road, in addressing neighborhood concern regarding delivery of inventory, employee parking, lights, test driving, and noise; and WHEREAS, the property located at 14100, 14110, and 14132 Poway Road are currently vacant; and WHEREAS, on January 28, 2002, a fourth Modification to Conditional Use Permit 85-03M(4), Minor Development Review Application 02-06 was submitted by Joseph Mama, applicant, to modify the existing car dealership facilities at 14100, 14110, and 14132 Poway Resolution No. P-02-19 Page 2 Road located within the Automotive/General C (AGC) zone and the Poway Road Specific Plan to reestablish an auto dealership operation of the project site; and WHEREAS, the proposed car dealership would consist of expanding the existing car dealership facilities at 14100 and 14110, by adding 920 square feet to the eastedy building to create an approximately 16,420-square-foot building, which would contain the auto dealership offices and sh 14-bay auto repair facility, and a manual car washing facility, demolishing the 9,500-square-foot westerly building, and converting the existing 375-square-foot service office building on the west property line to an employee break room. The proposal would ~gure the existing parking lot located at 14132 Poway Road to create separate parking lots for car delivery, employee parking and display of inventory; and WHEREAS, on May 7, 2002, the City Council held a duly advertised public hearing to solicit from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby follows: Section 1: The City Council finds that CUP 85-03M(4) and MDRA 02-06 are Categorically Exempt from the California E Iai Quality Act, pursuant to Section 15301 (e.1), Class 1, in that the project involves the addition of approximately 920 square feet ~ ' ~ building and the continuation of an existing automol' ~ repair use. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code for the modification to Conditional Use Permit 85-03M(4) to modify an existing auto dealership and associated auto repair facilities at 14100, 14110, and 14132 Poway Road within the A 'General C (AGC) zone and the Poway Road Specific Plan, are made as follows: A= The project' :with the Poway Road Specific Plan and the Poway General Plan in that auto repair and lowed within the Automotive General C zone with the approval of a Minor Conditional Use Permit. That the location, size, design, and operating ch " of the use, as conditioned, will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, buildings, structures, or natural in that: The auto service operation will be conducted within a building designed to buffer noise from the residential neighborhood to the north. The existing 8-foot-high masonry wall along the northerly property line will buffer the use from the residential neighborhood to the north. Lighting has been designed to not spill over on to adjacent residential properties and is required to be dimmed after 11:00 p.m. Co D= Resolution No. P-02-19 Page 3 Amplified sound generated by the business is prohibited. The hours of operation t' ~ :les utilizing mechanical equipment that g (i.e., air tools and compressors) shall be 7:00 a.m. to 7:00 p.m. Monday through Friday, 7:00 a.m. to 6:00 p.m. Saturday, with 'k utilizing such equipment on Sundays. 6. The wash of vehicles shall be by hand only. = Test driving of vehicles is prohibited in the adjacent residential neighborhood and 1 31lance the applicant is required to be p -lvising employees and =the test drive route; and signs will be installed along the th driveways located along Olive Tree Lane prohibiting northbound turns into the residential neighborhood. The delivery of for-sale new or used vehicles to the site by truck are restricted to between daytime business hours of 7:00 a.m. and 5:00 p.m. Monday through Saturday and will = Employee parking is prohibited from occurring in the adjacent residential neighborhood and to ensure compliance the applicant is required to be proactive in advising their employees of this requirement; ' ' ~] a · ' i45 employee, 19 58 , marked parking spaces for employees and That the scale, bulk, coverage, and density' :with adjacent uses, in that the use will be located on a site that will be developed in accordance with established City zoning and Poway Road Specific Plan. That th '31e public facilities, services, and utilities to serve the use. That there will not be a harmful effect upon desirable neighborhood characteristics in that sound wall, restricr :1 light have been designed into the facility and conditionally required during its operation. That the g :traffic will not adversely impact the surrounding streets and/or the City's Transportation Element in that the use will operate in an area where existing and proposed street imp ~ adequate off-street parking have b :1 into the project and test driving will be prohibited · :ting neighborhoods. That th · 31e for the type and intensity of use and development proposed in that the site is in an area designated for use has previously been operated as an auto dealership with repair facilities, and it has been designed to comply with all City development standards. Resolution No. P-02-19 Page 4 That there will not be significant harmful effects upon quality and natural in that the site has been previously graded and developed and contains no native vegetation. There are no relevant negative impacts associated with the auto dealership and related auto repair facility that cannot be mitigated. The impacts, as described in subsections (A) through (I) of Section 17.48.070, and the location, size, design and operating characteristics of the proposed use and the condition under which it would be operated or maintained, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or imp ' the vicinity, nor be contrary to the adopted General Plan. The proposed auto dealership and auto repair facility will comply with all the applicable p ' ' I Chapter 17.48 of the Poway Municipal Code. Section 3: The finding lance with Section 17.52 of the Poway Municipal Code for Minor Development Review Application 02-061 :a 920 square-foot addition to the existing easterly building and the demolition of the westerly 9,500-square-foot building at 14100 and 14110 Poway Road within the A 'General C (AGC) zone and the Poway Road Specific Plan, are made as follows: The auto dealership and auto repair facility would modify existing buildings and parking lots previously used by a l' dealership and related repair facility. Existing landscaping along Poway Road, Olive Tree Lane, and Avenida Linda will be replaced and enhanced. Therefore, the project respects the interdependence of land :t aesthetics to the benefit of the City. Bo The proposed modifications to the existing building is in ch :h existing development in the area and will not negatively affect the views of adjacent property owners. The design of proposed 31iments the existing surrounding auto-related development buildings. Therefore, the proposed use does not conflict with the orderly and h 3l; I st :1 property within the City along with associated facilities, such as, but not limited to signs, landscaping, parking areas and streets. There are public facilities, :1 ul 31e. An auto dealership and related auto-repair facility previously existed on the site. The proposed auto dealership and auto repair facility would demolish the westerly 9,500-square-foot building and remodel the easterly building, thereby minimizing the overall building mass on the site. The design of the proposed design would compliment existing auto dealerships in the area. Existing landscaping along Poway Road, Olive Tree Lane, and Avenida Linda will be replaced and enhanced to soften the apl; i the buildings when viewed from the right of way or neighboring residential neighborhood. Lighting has been designed to not spill over onto Resolution No. P-02-19 Page 5 neighboring residential properties. The proposed development respects the public concerns for the aesthetics of developments. The proposed project will meet the required design regulations and will otherwise comply with all of the relevant codes and standards of the City of Poway in that the design of the proposed design would compliment existing auto dealerships in the area and would b lwith the Poway Road Specific Plan in that the primary exterior building material would consist of :erial in an off-white and gray tone. Otb and colors would be limited to providing accent. Therefore, the proposal does not have an adverse aesthetic, health, safety or architecturally related impact upon existing adjoining properties, or the City in general. The proposed project will comply with all of the p and the General Plan. ithe Zoning Ordinance Section 4: public imp The findings, in accordance with G are made as follows: Code Section 66020 for the The design and imp I the proposed development :with all elements of the Poway General Plan, as well as City ordinances, because all necessary :1 facilities will be available to serve the project. The provision of public imp :1 payment of development f 'led as a result of the proposed development to protect the public health, safety and welfare as identified below: If a new water meter is installed, water fees shall be paid and onsite imp :1 to provide water to the development; and Access to the site will be provided in accordance with City Standards and to ensure adeq ,:]ency access. 3. A new fire hydrant will be provided to the sa! I the Fire Marshall. Section 5: The City Cour~cil hereby approves CUP 85-03M(4)/MDRA 02-06 to allow an auto dealership and the addition of 920 square feet to th : building t approximately 16,420-square-foot dealership offices and sh 14-bay auto repair facility, and a manual car washing facility, and to convert an existing 375-square-foot building on th portion of the site to an employee break room at 14100, 14110, and 14132 Poway Road, as shown on the plans on file with the Planning Division dated March 4, 2002, subject to the following conditions: Approval of this CUP/MDRA request shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City ord :l:ect at the time of building permit issuance. Do E= Resolution No. P-02-19 Page 6 Within 30 days of the date of this approval: (1) the applicant shall sub 3 that all conditions of approval have been road and understood; and, (2) the property owner shall Covenant on Real Property. The use conditionally granted by this approval shall not be conducted in such a to interfere with th 31e use and enjoyment of surrounding uses. The conditions of CUP 85-03M(4)/MDRA 02-06 shall run with the land and be binding upon future owners, heirs, and I ~ of the curront property owner. CUP 85-03M(4) may be subject to annual roview by the Diroctor of Development Services for compliance with the Conditions of Approval and to add that may h J during the past year. If the permit iS not in compliance with the Conditions of Approval, or the Development Services Department h :1 complaints, the roquired annual roview shall be set for a public hearing beforo the City Council, to consider modification of the Conditional Use Permit. The applicant shall obtain a demolition permit prior to demolishing the existing westerly building. Prior to ' : a building permit, the applicant shall provide verification that APNs 323-190-68 and 69 have been merged or shall submit application and :1 application fees for a lot merger. Said merger shall be approved prior to ! certificate of occupancy of the building. In the event that either of the two parcels upon which the auto dealership pursuant to this Conditional Use Permit 85-03M(4) and Development Review Permit 02-06 is located come under separate ownership, and one of the ownerships wishes to terminate th parcel, the property owner(s) shall roquest a public hearing prior to termination of the use for modification or rovocation of Conditional Use Permit 85-03M(4). If it is the desire of the property owner to terminate the use, prior to 1' this CUP shall be revoked by the City Council in its entiroty. The property owner may request approval of a modification to the Conditional Use Permit to allow the facility I :the lots. Such modification shall be subject to a public headng and must be approved by the City Council and the facility constructed on one of the parcels prior to cessation of the facility on the other parcel. The applicant shall sign an agroement that acknowledges the fact that a permit revocation roquest from either property d result in the permit being rovoked on both I: ~ification to the Conditional Use Permit is approved and implemented prior to either the sale of, or the cessation of the use on, one of the parcels. The form and content of said agroement shall be to the sal I the City Attorney. Delivery of for-sale vehicles, new or used, on adjacent stroets is prohibited. Vehicles shall either be delivered to the parking lot on the northeast comer of Poway Resolution No. P-02-19 Page 7 Road and Olive Tree Lane located at 14132 Poway Road, or to a City-approved off.site vehicle delivery/storage site and then individually driven to the site. The applicant shall actively participate with other auto dealers in the establishment of an offsite vehicle delivery/storage facility. The applicant shall not be financially obligated for the use ofthe facility until it ithe facility. The cost to the applicant shall not exceed the fair rental value of the property or portion thereof. The applicant shall be responsible for advising all vehicle transporters of the applicable delivery location. Deliveries are limited to 7:00 a.m. to 5:00 p.m. Monday through Saturday. The applicant shall submit plans showing a stop sign to be installed on the southwest corner of Olive Tree Lane and ^venida Linda at a location to the satisfaction of the Director of Development Services. The sign shall be installed prior t : certificate of occupancy. Prior to establishment of the car wash and service activities, wash bays and all ~ with ~all be designed to drain to suml: ' ' 3 clarifier and separator systems, which will adequately remove waste byproducts. The remaining water will be plumbed to the public sewer system. Design details shall be required upon building plan check submittal. Th :t operators of the auto dealership, and subsequent ~all abide by all required state and local permits and agreements obtained for the construction and operation of this facility. Any changes in operation, level of service, or maintenance responsibilities beyond what was originally approved shall be considered ' ' to the Conditional Use Permit and shall require City Council approval. The applicant shall submit a grading plan along with a grading permit application, for review and approval to the City's Development Services Department prior to the f a building permit. Compliance with the following conditions is required prior to grading permit' :her timing is indicated: A grading plan shall be prepared on a City of Poway standard 3mm, 24"X36" mylar at a scale of 1"=20' or larger and submitted along with a grading permit application and applicable fees to the Engineering Division for review and approval. A grading plan submittal checklist is available at the Engineering Division front counter. = The applicant shall pay all applicable engineering, grading permit, geotechnical review, plan checking, permit, and inspection fees. The grading permit fee shall be paid at first submittal of grading plans. The applicant shall post grading ' the form of a performance bond and cash deposit, or a letter of credit shall be posted with the City prior to grading plan approval to the sal :the City Engineer. 10. 11. 12. Resolution No. P-02-19 Page 8 31lance with the Clean W I prepare a Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses the elimination of l' into the storm drain system. The SWPPP shall include, but not be limited to, an effective method of hillsid :1 sediment control, a material storage site, protect material from being exposed to storm runoff, protection of all storm drain inlets, onsite concrete truck wash and waste control, and other means of Best Management Practices to effectively eliminate pollutants f 3 the storm drain system. The applicant shall certify the SWPPP prior to approval of the grading and improvement plans. The SWPPP may be incorporated with th lrol plan, but shall be under sel; from the grading and improvement plans. Erosion control, including but not limited to desiltation basins, shall be installed and maintained from October 15th to April 15th. A lrol plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The applicant/developer shall make provisions to insure prop : all lrol devices. Drainage catch basins, inlets, grate basins or similar shall be designed to be equipped with structural Best Management Practices (BMPs) for interception of pollutants and/or sediments before leaving the project site. BMPs are subject t d approval of the City. A drainage system capable of handling and disposing of all surface water originating within the development and all sud' that may flow onto the development from adjacent lands shall be constructed. Paving and/or repaving of the parking lot shall conform to the standards set forth in Section 12.20.080 of the Poway Municipal Code. Grading of the project shall be in substantial lh the approved development plan and in accordance with the Uniform Building Code, City Grading Ordinance, and City Storm Water Management and Discharge Control Ordinance. City approval :)f soils report and grading plans. Prior to ' g grading, the applicant shall submit a request for and hold a I: meeting with a City Engineering inspector. The applicant/developer shall be responsible that necessary individuals, such as but not limited to, contractors, subcontractors, project civil engineer and project soils eng : attend the p meeting. Record drawings for the grading plans shall be submitted priori grading security. Prior to imp Resolution No. P-02-19 Page 9 of public ' (i.e., a fire hydrant and driveway ), the applicant shall complete the following: Submit an improvement plan to the Engineering Division for review and approval for onsite publicwater system. Onsite potabl ~all be constructed for fire hydrant installation as required by the City Fire Marshal. The size and location of the water lines shall be as established by a water system analysis prepared by an engineering firm designated and approved by the City. The applicantJdeveloper shall pay to the City the cost of preparing the analysis prior to submittal of improvement plans. Improvements shall be constructed in accordance with City adopted standards and specifications, the latest adopted edition of the Standard Specifications for Public Works C and its corresponding San Diego supplements, and the current San Diego Regional Standard Drawings and Poway Road Specific Plan. The width of the westerly driveway on Poway Road shall be adequate to accept d :auto parts and the southerly driveway leading to the east parking lot on Olive Tree Lane shall be adequate to accept d :autos to the satisfaction of the City Engineer. All new and existing electrical/ :ion/CATV utilities, if any, shall be installed underground prior to installation of concrete curbs, gutters, sidewalks, and surfacing of the streets. The applicantJdeveloper is responsible for complying with the req ' :this condition, and shall make th ,y arrang :h each of the serving utilities. The I ~ sizes of all utility boxes and vaults within street rights-of- way and the City's general utility easement shall be shown on the improvement plans. Any new utility box in excess of 36 inches in height, length, or width shall be located out of the right-of-way and screened by landscaping to the sat I the Director of Development Services. The applican[/developer shall pay the following fees and post or pay approp Iies: a. Improvement plan checking and inspection fees. Performance and payment securities. These securities may be waived by the City Engineer if substantial amount of grading is completed prior to installation of public improvements and there is sufficient amount of grading I held by the City to complete the remainder of the grading works and public imp c. Right-of-way and~r lment permits. Resolution No. P-02-19 Page 10 Submit a request for and hold a p meeting with a City Engineering inspector. The applicant/developer shall be responsible that necessary individuals, such as but not limited I ; project civil engineer and project soils engineer must attend the pre- construction meeting. No private imp lall be placed :1 within public street rights-of-way or City easement y one of the following is satisfied: a. An encroachment permit has been issued by the City for the improvements; or b. A lment removal agreement has I: :1 by the develop :1 subsequently approved by the City; or c. Approval of grading or improvement plans, on which a right-of- way permit has been issued for the private imp 3own tob ' ~. The City reserves the right to choose any or all of the above, under certain len City d 'y. The applicant shall obtain a building permit prior to construction. Prior1 of a building permit, the applicant shall comply with the following: The applicant shall comply with the latest adopted Uniform Building Code, and all other applicable codes and ord rfect at the time of building permit issuance. The building plans shall I: Jance with the approved plans on file in the Development Services Department for CUP 85-03M(4)/MDRA 02-06, along with the conditions contained herein. The building elevations shall show all roof appurtenances, including air conditions, architecturally integrated, screened from view, and sound buffered from adjacent properties and streets to the satisfaction of he Director of Development Services. All air compressors shall be located within the building and within a noise attenuating cabinet to the satisfaction of the Director of Development S :1 shall be shown on the building permit plans. A detail of trash 3all be included on the landscape and building permit plans. The location and design of the trash 3all be to the I the Director of Development Services. Resolution No. P-02-19 Page 11 Details of any new exterior lighting shall be included on the building plans, including fixture type and design and shall comply with the following: All outdoor lighting shall be shielded or directed so that no light spillage shall encroach into adjoining residential properties or onto Poway Road. After 11:00 p.m., all lighting shall be Iow-pressure sodium with the overall wattage kept 1 ' ' :to the residential neighbors. Automatic timers shall be installed to insure compliance with the dark sky/Iow p :lium requirement. The height of freestanding light posts shall not exceed 18 feet. All exterior lighting shall be scheduled so that light rays emitted by the fixture are projected below the imaginary horizontal plan passing through the lowest point of the fixture an in such a manner that the light is directed away f :1 adjoining properties. ~ould be integrated with the amhitecture of the building. The intensity of light at the boundary of any single-family zone shall not exceed 75-lamberts f : reflected light. Complete landscape construction docu men1 :with the preliminary landscape plans dated April 3, 2002, on file with the Planning Division shall be submitted to and approved by the Planning Division. Landscape plan check f :lUired upon submittal of the plans. Plans shall be prepared in accordance with the City of Poway Guide to Landscape Requirements (latest edition). The landscape plans shall be modified to address the following to the sat I the Director of Development Services: a. Existing landscaping shall be replaced. To the extent possible, widen the two landscape islands which bounds the parking spaces numbered 34 through 43 of the "employee parking lot" on Olive Tree Lane, by reducing the width of those spaces to the required 8~ feet. New planters measuring less than 5 feet wide shall be revised to include tree wells for required parking lot trees, to the sal the Director of Development Services, in order to provide adequate space for planting of required parking lot trees. d. Provid ' 3 of new utility boxes that are greater than 36 inches '-- in height, width or depth. Submittal to the City of a acceptable to the City Engineer. sedimentation and pollution control Resolution No. P-02-19 Page 12 The trees along Avenida Linda shall be non-deciduous (evergreen). pollution prevention plan (SWPPP), The SWPPP shall provide the erosion, to be used dudng construction. 9. Rough grading of the lot is to be completed and meet the approval of the City Engineering Inspector and shall include submittal of the following: a. A final soil compaction report t' :1 approval by the City. b. Certification of line and grade. The certification shall be prepared by the project's civil engineer. c. City approval of soils compaction report. d. City approval of a certification of line and grade. The certification shall be prepared by the projects' civil engineer or City-approved designee. 10. A right-of-way permit shall be obtained from the Engineering Division of the City's Development Services Department prior to performing any work within public street right-of-way or any City held easement. 11. The following shall be completed to the satisfaction of the Director Division: a. Install a fossil filter on the site to filter all water leaving the site prior to final inspection. b. Show all existing streetlight on site, grading, and improvement plans. 12. The proposed project shall be designed to be comply with handicapped accessibly req to the satisfaction of the Building Services Coordinator, including, but not limited to: a. The location of the handicapped parking shall be revised to provide access from each handicapped parking space to the building without having to cross behind other parking spaces. b. New and remodeled entrances shall be handicapped accessible. c. Bathroom shall be handicapped accessible. 13. The following development fees shall be paid to the Engineering Division. The following 1' l is currently in effect and is subject to change. The applicant shall pay the amount in effect at the time of building permit issuance. Water base capacity* 1" meter 1¼" meter Other sizes, pi Water meter* 1" meter 1%" meter Other sizes, pi Resolution No. P-02-19 Page 13 = $6,678.00 each meter = $10,388.00 each meter :Engineering Division = $ 270.00 each meter = $ 600.00 each meter : Engineering SDCWA capacity charge* 1" meter = $3,206.00 1%" meter = $6,012.00 Other sizes, pi : Engineering Division *(Only applicable if new war to be installed) $ tion fee = None S t fee = None $ l inspection fee = None Drainage fee = None Traffic Mitigation fee = None Park fee = None The applicant shall construct the following improvements to th Director of Safety Services: the Roof covering shall be fire retardant as per UBC Section 1503 and 1504 and City of Poway Ordinance No. 64. The building shall display th ~ld ~le from the :. The building numbers shall be six inches in height and located on the front facade of the building. Building address shall also be displayed on the roof in a lisfactory to the Director of Safety Services, and meeting Sheriffs Dept.-ASTREA criteria. Every building hereafl ' ' :1 shall be accessible to Fire Department apparatus by way of :lways with all-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a 10. 11. 12. 13. 14. Prior per1' 1. Resolution No. P-02-19 Page 14 minimum of 13'6" of vertical The road su~ace type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. A breakaway padlock shall be required for the fire sprinkler system Post Indicator Valve. Permanent 'lways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. Minimum 3A:40BC fire extinguisher required for every 3,000 square feet and 75' travel distance. Remove the existing blow-off fire hydrant at northeast corner of Olive Tree Lane and Poway Road and replace it with an approved blow-off valve assembly. Install a new fire hydrant, fire hydrant referenced above. line, to replace the blow-off Extend the fire sprinkler system to the new portions of the building. Provide a 5-year certification of the fire sprinkler system. Maintain a 20-foot wide emergency vehicle access from the northerly driveway on Olive Tree Lane through the employee parking lot to the emergency access gate of the adjacent property located to the east. Material Safety Data Sheets shall be required for all hazardous and/or toxic sub -I in each building. An Emergency Contingency Plan and Hazardous Materials D 3all be filed with the County of San Diego Department of Health and copies provided to the Fire Department. N.F.P.A. Standard 704, Hazardous Material Labeling shall be provided as necessary throughout the building. to obtaining a final inspection on the building permits and/or release of :1 payment the applicant shall comply with the following: The site shall be developed in accordance with the approved plan on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City Departments will be required. 2. Completion of public improvements. Resolution No. P-02-19 Page 15 3. City ap record drawings. Dedication of easements to the City for new public water line, if there is a line installed outside of existing I or public street right-of-way. A processing fee of $1,000.00 shall be paid to the City at first submittal for review and approval of the legal description and plat of the easement dedication. = Posting of a warranty security (to be held by the City for one year from date of acceptance of the improvements). Grading lall be released only upon completion of the project and upon City approval of the record drawings of the grading plans. Per1' for public imp ! posted and separate from the grading securities, shall only be reduced twice before completion of imp = Payment securities and remaining performance securities, if any, shall be released than 90 days after City's acceptance of improvements, posting of warranty security, and approval of record drawings. 8. Installation of the landscaping pursuant to the approved landscape plans. Upon occupancy, the applicant shall comply with the following conditions, unless other timing is indicated: All facilities and related equipment shall I: damage from any cause shall be repaired as 1 ' ' I dang :1 in good repair. Any 31y possible so blight. Outdoor lighting shall be shielded so that no light spillage shall encroach into adjoining residential properties or onto Poway Road. After 11:00 p.m., all lighting shall be Iow-10 'Jium with overall wattage kept1 ' ' in areas closest to the residential neighbors. Automatic timers shall be installed to insure compliance with the dark sky/Iow pressure sodium light requirement. = No amplified sound shall be generated by the business; this includes, but is not limited to, paging, public address systems, music systems, security sy j/other such device, which may generat :lible to the surrounding residents. All repair and work shall be conducted within work bays. Mechanical equipment shall be sound buffered so as to produce the least audible noise possible to surrounding residents. The use of equipment such as air tools and compressors shall be limited to between the o Resolution No. P-02-19 Page 16 hours of 7:00 a.m. and 7:00 p.m. Monday to Friday, and ' :1 6:00 p.m. on Saturday. The service area shall not be opened for business on Sundays. The washing of vehicles shall be by hand only. ^ mechanical car wash is prohibited. Compressor doors shall remain closed at all times unless during 10. 11. 12. 13. 14. No vehicles are permitted to be road tested within the surrounding residential neighborhoods. Employee parking shall be prohibited within the residential neighborhood. The applicant shall provide all of its employees with a written parking policy that states the employees shall not park in the adjacent residential neighborhood. The applicant shall ensure that adequate parking for `l employees is provided onsite at all times. A minimum cf 45 employee, 19 58 service parking spaces designated on the approved site plan on file with the City shall be marked as such with signage painted on the asphalt and shall at all times be kept free of vehicles that are for sale. To insure compliance with the traffic, parking, and noise conditions, the b ~all provid ¥ of the perf -lards noted in this permit application to all managers, employees, new employees, and business representatives that have the potential to violate the noted conditions. if, because of complaints associated with violation of the car transport delivery regulations, or employee and/or other b . ,1 vehicles parking in the residential neighborhood, a residential parking program is required, the applicant shall be financially responsible to cover all the costs associated with the impl :the program. The applicant shall provide all employees with a map of the route to be used to test-drive vehicles. The route shall not include any residential neighborhoods. A right turn only sign shall I: :1 at the Olive Tree Lane driveway for cars leaving the west lot and a left turn only sign shall be maintained at both Olive Tree Lane driveways for cars leaving the east lot. Car transport trucks shall b ' J to deliver vehicles at the subject site during the daytime business hours of 7:00 a.m. to 5:00 p.m. Monday through 15. 16. 17. 18. 19. 20. 21. 22. 23. Resolution No. P-02-19 Page 17 d Car transport trucks are d Sunday. from making The hours of operation of the y shall be between the hours of 7:00 a.m. and 12:00 a.m. All accessory activities shall be subject to the hours of operation specified elsewhere in this Resolution. Absent City-approval of an offsite vehicle delivery/storage site, car transport trucks shall solely make d the southerly display parking lot located east of Olive Tree Lane. The truck shall enter the parking lot in a forward manner, exit the parking lot by backing up into Olive Tree Lane, and enter Poway Road from Olive Tree Lane in a forward manner. The car transport truck shall deliver the veh 1 that the delivered vehicles are able to en[er Olive Tree Lane in a forward manner. Car transport trucks are prohibited from turning around in and driving through residential streets. If car transport trucks begin to unload prior to closure, they must finish unloading prior to the reg ' g of the business. Th =the auto dealership shall be responsible for advising all of their vehicle transporters of the prohibition old Poway Road and Olive Tree Lane and the prohibition of driving north on Olive Tree Lane into the residential neighborhood. Auto part deliveries may be conducted after hours provided that the deliveries do not creat 3act to the adjacent residents to the north. The service bays shall not be used by employees or any other person after normal business hours to repair, wash, paint or otherwise work on any vehicle, truck, ./cie. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. Th site 3erator of the facility shall routinely and regularly inspect the 31lance with the standards set forth in this permit. All landscaping including areas within the adjacent public right-of-way shall be adequately irrigated and permanently and fully maintained by the owner at all times. All landscaped :ting the area on the north side of the masonry wall adjacent to Avenida Linda shall be :1 in a healthy and thriving condition, free from weeds, trash and debris. The trees shall b ged and allowed 1 :ural form. Pruning should be restricted t the health of the trees and to protect the public safety. Unnatural or pruning, including topping, is not permitted. Resolution No. P-02-].9 Page 18 24. Th ;the auto dealership shall be responsible 1' ' 3 litter once a week between the sound wall along Avenida Linda and the street curb. 25. Should th panel create a gl -I ihin 12 months of completion of the building, the material shall be modified or removed to the sal ~ the Director of Development Services. 26. Any signs proposed for this development shall be designed and approved in lh the Poway Municipal Code and require the approval of a separate sign permit. Consistent with Poway Municipal Code, t~ signs are permitted for the auto dealership in addition 1 ',~ns and wall signage. Section 6: Resolution Nos. P-85-35, P-89-24, P-92-37, and P-94-37 are hereby rescinded. Section 7: Resolution No. P-95-20 approving Variance 95-02 shall pertains to the Variance approval. :[ect as it Section 8: The approval of CUP 85-03M(4)/MDRA 02-06 shall expire on May 7, 2004 at 5:00 p prior to that time, a building permit has I::1 and the property in the CUP approval h :1 prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 7th day of May 2002. ATTEST: Mich~yor nne Peoples, City Cler~ Resolution No. P-02-19 Page 19 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-02-19, was duly adopted by the City Council at a meeting of said City Council held on the 7th day of May 2002, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE Ci~ o¢~fni~wP~aey° pie s, Ci?~ Cle~? M:\planning\0